Search | Punch and Jurists

U.S. v. Duran, No. 98-50116 (9th Cir.) (189 F.3d 1071) (August 31, 1999) (Judge Pamela Ann Rymer)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists

U.S. v. Duran, No. 98-50116 (9th Cir.) (189 F.3d 1071) (August 31, 1999) (Judge Pamela Ann Rymer) by Here, affirming that the granting of use immunity to a witness is an executive, not a judicial, function, the Court denied the defendant's request for an order compelling such immunity, explaining the …

U.S. v. McGee, No. 98-3063 (7th Cir.) (189 F.3d 626) (September 1, 1999) (Judge Kenneth F. Ripple)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Admissions

U.S. v. McGee, No. 98-3063 (7th Cir.) (189 F.3d 626) (September 1, 1999) (Judge Kenneth F. Ripple) by In this case, relying on United States v. Fleming, 594 F.2d 598 (7th Cir. 1979), the defendant contended that his statement to a detective was not admissible under Rule 801(d)(2) as an …

U.S. v. Pillow, No. 98-4516 (4th Cir.) (191 F.3d 403) (September 7, 1999) (Judge Karen J. Williams)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Mandatory Minimums

U.S. v. Pillow, No. 98-4516 (4th Cir.) (191 F.3d 403) (September 7, 1999) (Judge Karen J. Williams) by Here the Court held that the starting point for calculating a sentence reduction based on USSG § 5K1.1 is the statutory mandatory minumum, not the low end of the Guideline range that …

U.S. v. Dutkel, No. 98-55338 (9th Cir.) (192 F.3d 893) (September 17, 1999) (Judge Alex Kozinski)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Jury Coercion/Tampering

U.S. v. Dutkel, No. 98-55338 (9th Cir.) (192 F.3d 893) (September 17, 1999) (Judge Alex Kozinski) by Here, the defendant and a co-defendant were tried before the same jury. Associates of the co-defendant bribed and intimidated a juror who became the lone holdout, resulting in a hung jury for him …

U.S. v. Snyder, No. 98-2574 (7th Cir.) (189 F.3d 640) (September 2, 1999) (Judge William J. Bauer)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Obstruction of Justice

U.S. v. Snyder, No. 98-2574 (7th Cir.) (189 F.3d 640) (September 2, 1999) (Judge William J. Bauer) by Here the Court rejected defendant's contention that his sentence should not have been enhanced for obstruction of justice because he did not find out he was under investigation until after the obstructive …

U.S. v. Mayfield, No. 98-50100 (9th Cir.) (189 F.3d 895) (August 26, 1999) (Judge Dorothy Wright Nelson)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Mutually Antagonistic Defenses

U.S. v. Mayfield, No. 98-50100 (9th Cir.) (189 F.3d 895) (August 26, 1999) (Judge Dorothy Wright Nelson) by Here the Court held that the trial court abused its discretion by failing to sever the trial of two defendants, where the codefendant presented a mutually exclusive defense and improper evidence that …

U.S. v. Gieger, No. 98-60137 (5th Cir.) (190 F.3d 661) (September 24, 1999) (Judge W. Eugene Davis)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists

U.S. v. Gieger, No. 98-60137 (5th Cir.) (190 F.3d 661) (September 24, 1999) (Judge W. Eugene Davis) by In this case the Court held that the United States cannot be considered a "vulnerable victim" for purposes of USSG §3A1.1(b) as it "simply does not fall in the same category as …

U.S. v. Jackson, No. 98-50361 (9th Cir.) (189 F.3d 820) (August 31, 1999) (Judge William B. Shubb)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists

U.S. v. Jackson, No. 98-50361 (9th Cir.) (189 F.3d 820) (August 31, 1999) (Judge William B. Shubb) by The Court stated that " Historically, conditions of supervised release, and drug testing among them, have not been regarded as punishment, but instead as means to further the deterrent, protective, and rehabilitative …

U.S. v. Byrne, No. 98-50405 (9th Cir.) (192 F.3d 888) (September 17, 1999) (Judge James Ware)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists

U.S. v. Byrne, No. 98-50405 (9th Cir.) (192 F.3d 888) (September 17, 1999) (Judge James Ware) by In this case, the district court first granted a motion for a judgment of acquittal under Fed.R.Crim.P. 29 to dismiss one count of a multi-count indictment. The court then immediately took the order …

Parker v. Turpin, No. Civ.A.1:96-CV-3142-RWS (N.D.Ga.) (60 F.Supp.2d 1332) (August 13, 1999) (Judge Richard W. Story)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Expert Witnesses/Testimony

Parker v. Turpin, No. Civ.A.1:96-CV-3142-RWS (N.D.Ga.) (60 F.Supp.2d 1332) (August 13, 1999) (Judge Richard W. Story) by One of the many holdings in this lengthy habeas case was a ruling that the defendant's due process rights were not violated at the penalty phase as a result of an award of …

Michigan Dept. of State Police v. Sitz, No. 88-1897 (U.S. Supreme Court) (496 U.S. 444; 110 S.Ct. 2481) (June 14, 1990) (Justice Rehnquist)

Article • October 26, 1999

Filed under: Punch And Jurists, Searches - Vehicle checkpoints

Michigan Dept. of State Police v. Sitz, No. 88-1897 (U.S. Supreme Court) (496 U.S. 444; 110 S.Ct. 2481) (June 14, 1990) (Justice Rehnquist) by Generally, the Court held that whether particular checkpoint seizures are reasonable is determined by balancing the gravity of the public interest sought to be advanced and …

California v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White)

Article • October 22, 1999

Filed under: Standing, Punch And Jurists

California v. Greenwood, No. 86-684 (U.S. Supreme Court) (486 U.S. 35; 108 S.Ct. 1625) (May 16, 1988) (Justice White) by Here the Court held that the Fourth Amendment applies only where (a) the citizen has manifested a subjective expectation of privacy and (b) the expectation is one that society accepts …

Monroe v. Pape, No. 39 (U.S. Supreme Court) (365 U.S. 167; 81 S.Ct. 473) (February 20, 2061) (Justice Douglas)

Article • October 17, 1999

Filed under: Punch And Jurists, Color of Law

Monroe v. Pape, No. 39 (U.S. Supreme Court) (365 U.S. 167; 81 S.Ct. 473) (February 20, 2061) (Justice Douglas) by In this case, the complaint alleged that 13 Chicago police officers: (1) invaded the plaintiffs' home and searched it without a warrant; (2) arrested and detained Mr. Monroe without a …

U.S. v. Giordano, No. 72-1057 (U.S. Supreme Court) (416 U.S. 505; 94 S.Ct. 1820) (May 13, 1974) (Justice White)

Article • October 16, 1999

Filed under: Punch And Jurists, Necessity

U.S. v. Giordano, No. 72-1057 (U.S. Supreme Court) (416 U.S. 505; 94 S.Ct. 1820) (May 13, 1974) (Justice White) by The Court explained that the purpose of the necessity requirement is to ensure that surrepitious interception of communications is undertaken with restraint and not "routinely employed as the initial step …

Lakeside v. Oregon, No. 76-6942 (U.S. Supreme Court) (435 U.S. 333; 98 S.Ct. 1091) (March 22, 1978) (Justice Stewart)

Article • October 16, 1999

Filed under: Punch And Jurists, Comments on Defendant's Silence

Lakeside v. Oregon, No. 76-6942 (U.S. Supreme Court) (435 U.S. 333; 98 S.Ct. 1091) (March 22, 1978) (Justice Stewart) by The Court ruled that the instruction does not improperly "comment" on the defendant's invocation of his constitutional rights. The Court reasoned that the very purpose of the instruction was "to …

U.S. v. Brings Plenty, No. 98-4037 (8th Cir.) (188 F.3d 1051) (September 1, 1999) (Per Curiam)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Supervised Release - Imposition of New Term

U.S. v. Brings Plenty, No. 98-4037 (8th Cir.) (188 F.3d 1051) (September 1, 1999) (Per Curiam) by In this case, the defendant was originally sentenced to a 57 month term of imprisonment and three years of supervised release after pleading guilty to arson of a dwelling on an Indian reservation. …

U.S. v. Heath, No. 98-3484 (7th Cir.) (188 F.3d 916) (August 26, 1999) (Judge Kenneth F. Ripple)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists

U.S. v. Heath, No. 98-3484 (7th Cir.) (188 F.3d 916) (August 26, 1999) (Judge Kenneth F. Ripple) by This case is noted as a rare example in which a court held that the admission of evidence about a prior crime was improper under Fed.R.Evid. Rule 404(b), both because the prior …

Pichardo v. I.N.S., No. 98-70759 (9th Cir.) (216 F.3d 1198) (July 7, 2000) (Judge Donald P. Lay)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Notice - Adequacy of

Pichardo v. I.N.S., No. 98-70759 (9th Cir.) (216 F.3d 1198) (July 7, 2000) (Judge Donald P. Lay) by

U.S. v. Torres-Del Muro, No. 98-30096 (C.D.Ill.) (58 F.Supp.2d 931) (July 20, 1999) (Judge Richard Mills)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Enforceable Rights/Remedies

U.S. v. Torres-Del Muro, No. 98-30096 (C.D.Ill.) (58 F.Supp.2d 931) (July 20, 1999) (Judge Richard Mills) by Earlier this year a panel from the Ninth Circuit set off a stir when it held, in U.S. v. Lombera-Camorlinga, 170 F.3d 1241 (9th Cir. 1999), that statements made to the authorities may …

U.S. v. Messino, No. 93 CR 294 (N.D.Ill.) (56 F.Supp.2d 989) (February 24, 1999) (Judge Suzanne B. Conlon)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists

U.S. v. Messino, No. 93 CR 294 (N.D.Ill.) (56 F.Supp.2d 989) (February 24, 1999) (Judge Suzanne B. Conlon) by This decision, which was subsequently reversed at 181 F.3d 826, affirmed a prior ruling that the testimony of a key Government witness was properly barred due to the Government's delay in …